Rothman's, Benson & Hedges Inc. et al. v. Attorney General of Canada
Three tobacco manufacturers sought a stay of the Tobacco Products Information Regulations (SOR/2000-272), which required pictorial health warnings on 50% of primary display surfaces, a health information message on one lateral side or insert, and constituents and emissions figures on one lateral side. The manufacturers alleged that the requirements were ultra vires, came under provincial jurisdiction, constituted an expropriation, and were so vague as to make compliance impossible, among other arguments. While these claims were pending before the court, tobacco manufacturers sought a stay of implementation.
The Court dismissed the manufacturers’ application for a stay of implementation of the packaging and labeling regulations. The Court determined that granting interlocutory relief would cause greater harm to the public interest than the inconvenience that tobacco manufacturers would suffer if implementation proceeds while the claims are pending.
Rothman's, Benson & Hedges Inc. et al. v. Attorney General of Canada, 2000 CanLII 18520 (QC CS).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
Subsequent regulations exceed the scope of the originating law.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"The Applicants may be right in claiming that the Regulations passed by the Government during in the last decade leaves the way open to a gradual erosion of their right to freedom of expression without for all that being an effective measure to curb tobacco use in Canada. However, the issue must at this stage remain unresolved. It is important to note that the Applicants challenge neither the content of the warnings that must be posted on the packaging, nor the contents of the health information that must be displayed on packages or on a prospectus, nor the disclosure of toxic emissions and constituents. The harm of which they complain is of a strictly economic character, excluding the basic legal issues that will inevitably be argued on the merits. It is by no means assured that the upsurge in smoking amongst youths only stems from lower prices, nor is it certain that catchier messages will solve the problem. Many factors can account for the present failure. At this stage however, despite their imperfections, the Regulations were admittedly enacted in the public’s interest. To deprive them of any effect for an unlimited period of time in an interlocutory proceeding would be tantamount to impeding the pursuit of the common good."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Three tobacco manufacturers sought a stay of the Tobacco Products Information Regulations (SOR/2000-272), which required pictorial health warnings on 50% of primary display surfaces, a health information message on one lateral side or insert, and constituents and emissions figures on one lateral side. The manufacturers alleged that the requirements were ultra vires, came under provincial jurisdiction, constituted an expropriation, and were so vague as to make compliance impossible, among other arguments. While these claims were pending before the court, tobacco manufacturers sought a stay of implementation.
The Court dismissed the manufacturers’ application for a stay of implementation of the packaging and labeling regulations. The Court determined that granting interlocutory relief would cause greater harm to the public interest than the inconvenience that tobacco manufacturers would suffer if implementation proceeds while the claims are pending.